| 23-871 |
Lotus Vaping Technologies, LLC v. Food and Drug Administration |
Ninth Circuit |
2024-02-13 |
Denied |
administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious |
| 23-799 |
Magellan Technology, Inc. v. Food and Drug Administration |
Second Circuit |
2024-01-24 |
Denied |
administrative-procedure-act agency-rulemaking arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems ends-products fda-regulation marketing-authorization reliance-interests youth-access |
Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious |
| 23A421 |
Magellan Technology, Inc. v. Food and Drug Administration |
Second Circuit |
2023-11-15 |
Presumed Complete |
administrative-law arbitrary-and-capricious circuit-split evidentiary-standards fair-notice fda-regulation |
Whether the FDA's marketing denial order for electronic nicotine delivery system (ENDS) products was arbitrary and capricious by changing evidentiary … |